Search Options
Judgment Advanced Search
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ed of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Kathi originally belonged to the predecessors of some of the plaintif..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......enancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, therefore, not liable 'to any assessment of rent. Land was shown rent free in the khatian. Plaintiff objected to the impugned rent under section 19(1) of the aforesaid Act which was ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......erty. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj Mohan and others who created a fictitious Kabala in favour of defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by hi..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......uld mean unnecessary prolongation of litigation. 6. Mr. S.R. Pal, learned Counsel appearing for the plaintiff-appellant, drew our attention that plot No. 492 measuring 3.71 acres is shown in the khatian as the homestead (Bari). In a suit for partition under section 4 the concept of the dwelling..Category: Property Law | Date: | Hits: 45
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......Title Suit No. 55 of 1962, subsequently withdrawn on the ground of defect of the frame of the suit; and that plot No.215 exclusively belonged to Babu Khan and it was wrongly entered in the disputed khatian. 5. The trial Court held that the plaintiffs were bound by their statement in the plaint ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......below. Plaintiff in all claimed 11.41 decimals of land in the different schedules of the plaint. The bone of contention between the plaintiff and the present appellants mainly relates to the lands of khatian No. 128. Whereas the plaintiff’s case is that Sonaullah Sk. was the owner of the said land..Category: Property Law | Date: | Hits: 34
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......Nurul Hoque Bhuiyan) on 21st January 1985. 2. One Torabuddin was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered d..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ...... 5. The appellate Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, examining himself as P. W. 1, could not give the khatian or plot number, or the area of the suit land, nor he could give the year of his purchase; ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....e application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon them. 3. When the suit was ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
..... 5. On behalf of the petitioner it is now contended that the learned Single Judge exceeded his revisional jurisdiction in reversing the concurrent finding of the Courts below that the mutation orders were not binding for non-service of notice and other irregularities on their v......sp; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- anna shares each and ..Category: Property Law | Date: | Hits: 43
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....to a stranger claiming the property as his own, whereas it belonged to him and his two minor brothers. The purchaser possessed the property openly, exclusively and in assertion of his own title or mutation of his name and by payment of rent. The minors took no step co assert their title for long......evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclusion that whatever interest Hedayet had in the suit prop..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... custody of his constituted attorney Mr. Ashutosh Datta Roy, an Advocate and his younger brother Narendra Nath Basu, defendant no. 1. Defendant no. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchased the suit land on the basis of a kabala dated 9-2-57...... filing a joint written statement denying the claim of the plaintiff. Their case was that the suit land was khas land of Maharaja Shashi Kanta Acharyya Chowdhury and Appertained to the landlord's khatian No. 95 of Mymensingh town. Then the Mymensingh Municipality had been entrusted by the Zamind..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ning defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-storied building on the lan..Category: Property Law | Date: | Hits: 48
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....r a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....cipal areas. In deciding the third question the learned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ceased to be co-sharer tenant and, accordingly, pre-emption was not availa...... Tenancy Act. 16. Now, turning to the second contention it appears that the learned Judges of the High Court Division had, in relying upon exhibits F & G, dakhila and a certified copy of khatian respectively, came to the conclusion that the appellants ceased to have any subsisting..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....the plaintiffs to get vacant khas possession of the suit property and eviction of the defendants or their men; (iii) For a decree declaring that the plaintiffs are entitled to the mutation of their names in respect of the suit property and to get the membership with the Baitul A......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60